Sec.

7 The Working Journalists and other Newspaper 9

Employees (Conditions of Service) and Miscellaneous
Provisions Act, 1955

Provided that if the working journalist has expressed her desire to exclude
her husband from the family, the husband and his dependent parents shall not
be deemed to be a part of the working of journalist‟s family,
and in either of the above two cases, if the child of a working journalist or of a
deceased son of a working journalist has been adopted by another person and if
under personal law of the adopter, adoption is legally recognised, such a child
shall not be considered as a member of the family of the working journalist.
(2) Any dispute whether a working journalist has voluntarily resigned from
service in any newspaper establishment on the ground of conscience shall be
deemed to be an industrial dispute within the meaning of the Industrial Disputes
Act, 1947 (14 of 1947), or any corresponding law relating to investigation and
settlement of industrial disputes in force in any State.
(3) Where a nominee is a minor and the gratuity under sub-section (1) has
become payable during his minority, it shall be paid to a person appointed under
sub-section (3) of Section 5A:
Provided that where there is no such person, payment shall be made to any
guardian of the property of the minor appointed by a competent court or where
no such guardian has been appointed, to either parent of the minor, or where
neither parent is alive, to any other guardian of the minor.
Provided further that where the gratuity is payable to two or more nominees,
and either or any of them dies, the gratuity shall be paid to the surviving
nominee or nominees.
1[5A. Nomination by working journalist-(1) Notwithstanding anything
contained in any law for the time being in force, or in any disposition,
testamentary or otherwise in respect of any gratuity payable to a working
journalist, where a nomination made in the prescribed manner purports to confer
on any person the right to receive payment of the gratuity for the time being due
to the working journalist, the nominee shall, on the death of the working
journalist, become entitled to the gratuity and to be paid the sum due in respect
thereof to the exclusion of all other persons, unless the nomination is varied or
cancelled in the prescribed manner.
(2) Any nomination referred to in sub-section (1) shall become void if the
nominee predeceases, or where there are two or more nominees, all the nominees
predecease, the working journalist making the nomination.
(3) Where the nominee is a minor, it shall be lawful for the working
journalist making the nomination to appoint any person in the prescribed
manner to receive the gratuity in the event of his death during the minority of the
nominee.]
6. Hours of work.-(1) Subject to any rules that may be made under this Act,
no working journalist shall be required or allowed to work in any newspaper
establishment for more than one hundred and forty-four hours during any period
of four consecutive weeks, exclusive of the time for meals.
(2) Every working journalist shall be allowed during any period of seven
consecutive days rest for a period of not less than twenty-four consecutive hours,
the period between 10 P.M. and 6 A.M. being included therein.
Explanation: For the purposes of this section, “week” means a period of
seven days beginning a mid-night on Saturday.

1 Inserted by Act 65 of 1962 (w.e.f 15-01-1963).